Dividing Assets

When two people live together, they often acquire assets which they share. When they go their separate ways, such as a divorce, it can be difficult to value and divide their property, especially when their assets are complex and have high value. At The Law Office of Thomas J. MacLennan, we can assist you in these matters related to property division:

Equalization of net family property

Valuation issues

Constructive and resulting trust claims

Hidden assets

Business interests

Dividing Property during an Ontario Divorce

Married spouses can seek an equalization of net family property after a breakdown of their marriage. In doing so, the spouses share in the growth of their assets over the marriage.

Common law property remedies are available to both married and common law spouses. At The Law Office of Thomas J. MacLennan, we work with experts like accountants, business valuators, and real estate appraisers to accurately value assets during a divorce.

Our team will conduct the due diligence to determine the equalization payment. Our focus is to collect information and decide on your net family property. We will value all property at the date of marriage and the date of separation. After determining these values, the spouse with a higher Net Family Property pays half the difference to the other spouse, thereby equalizing the growth in their assets during the marriage. Exclusions can come into play. It’s best to consult Thomas J. MacLennan directly about your circumstances. We have over 25 years of experience in complex and high asset property division.

The Matrimonial Home

In Ontario, each spouse has a right to occupy the matrimonial home. The matrimonial home is the home spouses ordinarily occupy when they separate. A spouse may not deduct the date of marriage value of a matrimonial home when calculating net family property. In short marriages, this may cause an unfair windfall. In those cases where the marriage is less than five years, an unequal division of property may be available.

Contact a Lawyer

Thomas J. MacLennan Barrister & Solicitor

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Call to Arrange a Consultation

Thomas J. MacLennan brings a sense of calm and rationality to challenging legal issues. Contact The Law Office of Thomas J. MacLennan through our online form or call 416-591-1354 to arrange a consultation.

Sending this message does not create a solicitor and client relationship